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HomeMy WebLinkAbout1975_02_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 26, 1975, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of January 22 , 1975 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. APPLICATION NO. 1 - CASE 419 Application of Mr. Frank Kraus for modification of Arti- cle IV Section 410 Schedule of Residence District Regu- lations for an R-6 Residential District so as to allow the construction of a carport at the westerly side of the dwelling having a side yard of 3.8 ft. instead of the minimum required side yard of 8 ft. on the premises located at 52 Edgewood Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 125 Parcel 165 on the grounds of practical difficulty and/or unnec- essary hardship. The applicant was represented by an Attorney, Mr. Frank Harvey of 521 Fifth Avenue, New York, who explained that Mr. Kraus had been unexpectedly called out of Town. Mr. Harvey stated that Mr. Kraus had owned the property for a number of years and because he is getting older the situation is becoming more difficult. Mr. Harvey said that Mr. Kraus 's car at present is unprotected from the weather and as a result it is necessary for the applicant to free his car from the ice or snow before he leaves for work in the morning. It was pointed out that the property now contains a one I car garage entered from the rear of the house which is used for Mrs. Kraus 's car and because of the topography of the lot the proposed location is the only area where the carport can be located. Mr. Eggers questioned as to whether a number of years ago there had been another garage behind the house and it was pointed out that the house was about 30 years old. Mr. Harvey, also, stated that the top of the carport would only come to the ceiling of the basement and would pro- bably be lower than the first floor of the house. Mr. Harvey further said that the proposed carport will blend into the topography of the land. The Chairman stated that there would be more fill involved than what was indicated on the plan and it was pointed out that the carport would be behind the retaining wall . Mr. Eggers asked the Secretary to read a letter from Mrs. Holzer, who represented her father, Mr. Jacob Ernst of 57 Edgewood Avenue, the property adjacent to the proposed carport. Mrs. Holzer stated in her letter that she had no objection to the construction of the carport provided nothing extra be added to the submitted plan. Mrs. Holzer, also, said in her letter that since there was no survey showing Mr. Kraus ' s fence which is encroaching on Mr. Ernst' s property she wanted to go on record stating that the fence is so situated. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Frank Kraus has submitted an ap- plication to the Building Inspector to allow the construction of a carport at the westerly side of the dwelling having a side yard of 3.8 ft. together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District which requires a minimum side yard of 8 ft. on the premises lo- cated at 52 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Parcel 165; and WHEREAS, Mr. Frank Kraus has submitted an ap- plication to the Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The present garage has only room for one car and the applicant has to leave his car out unprotected from the weather. 2. Because of the topography of the lot the proposed location is the only area where the carport can be located. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed carport could only be placed in the westerly side yard due to the parcel being located between two streets on the north and south and a driveway on the easterly side. 2. The proposed carport will provide a place for the applicant to keep his car that will be protected from the weather. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is Fi I FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence District Regu- lations for an R-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of a carport at the westerly side of the dwelling having a side yard of 3.8 ft. on the premises located at 52 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 125 Parcel 165 in strict con- formance with plans filed with the application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESVOLED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:30 P.M. Rita A. Johnson, Secretary I (03/I